Maritime Safety and Security in the Indian Ocean
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Maritime Safety and Security in the Indian Ocean Maritime Safety and Security in the Indian Ocean Editors Vijay Sakhuja Kapil Narula Vij Books India Pvt Ltd New Delhi Published by Vij Books India Pvt Ltd (Publishers, Distributors & Importers) 2/19, Ansari Road Delhi – 110 002 Phones: 91-11-43596460, 91-11-47340674 Fax: 91-11-47340674 e-mail: [email protected] we b: www.vijbooks.com Copyright © 2016, National Maritime Foundation First Published : 2016 ISBN: 978-93-85563-78-2 (Hardback) ISBN: 978-93-85563- 79-9 (ebook) Price in India : ` 695/- All rights reserved. No part of this book may be reproduced, stored in a retrieval system, transmitted or utilized in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. Application for such permission should be addressed to the publisher. The views expressed in this book are those of the contributors in their personal capacity. These do not have any institutional endorsement. Printed and bound in India Foreword As the third-largest body of water on Earth, the Indian Ocean is vital for shipping lanes that connect Asia, Oceania and Africa to the rest of the world. The developments in the Indian Ocean affect not only the two billion people living in the countries of the Indian Ocean Region (IOR), but also those in other parts of the globe. Importantly, such interests have manifested over many centuries in the past in various forms including super-power rivalry. The ongoing resurgence of Asia, accompanied by the vigorous economic interactions involving the Asian countries is likely to enhance the salience of the Indian Ocean in the coming decades in a manner that the world has probably never witnessed earlier. In the context of the ‘rise’ of Asia, a glance at world history is instructive. It cautions us that the rising level of economic development in our region is not given, and regional prosperity is not pre-ordained; instead, regional countries have to overcome a number of challenges confronting maritime safety and security ranging from regulation of human activities at sea to the impending perils of climate change. It is encouraging to see that the evolution of the Indian Ocean Rim Association (IORA) from being a nascent grouping of regional countries taking tentative steps to constructively share their economic and cultural diversities to the interconnectedness that the organisation has achieved today. It is also fortuitous that the visionary leadership guiding the IORA realized that economic well-being and prosperity is inextricably linked with good order, safety and security I am confident that with the momentum that the IORA is gathering, we would be able to overcome the future adversities collectively through identifying appropriate ‘regional solutions’. This book is a continuing endeavour and I hope that the views expressed by the participants in this book and the robust process of building consensus through dialogue leads v Maritime Safety and Security in the Indian Ocean to adoption of specific recommendations which would enhance maritime safety and security in the Indian Ocean. Admiral DK Joshi, PVSM, AVSM, YSM, NM, VSM (Retd.) Chairman National Maritime Foundation July 01, 2016 vi Keynote Address It is with great pleasure that I join this distinguished group at the IORA Meeting of Experts on Maritime Safety and Security organized by the National Maritime Foundation. I thank all our foreign visitors for their participation in this event and I would like to express appreciation for National Maritime Foundation for the hard work that has gone into organizing this meeting and bringing together the experts and stakeholders gathered here. The Indian Ocean has facilitated flows of commerce, knowledge as well as culture, and religion across our region since time immemorial. The vast Indian Ocean region is home to nearly 40% of world population. It is almost self-evident that this region holds immense opportunities for the future. With sustained economic growth in the countries on the littoral of the Indian Ocean, growing global engagement with regional players, as well as the ongoing shift in the global economy’s centre of gravity towards Asia, the Indian Ocean has acquired an ever-higher profile. At the same time the region faces challenges flowing from non-traditional threats such as natural disasters, piracy, terrorism, illegal fishing, oil spills and the effects of climate change. In recent years, the salience of IORA has been growing significantly. This is evident from the fact that the number of States, members ofIORA has been growing from 18 in 2011 to 21 in 2015. It is noteworthy that four of five Permanent Members of theUN Security Council are among the six Dialogue Partners of IORA. The number of IORA members and Dialogue Partners is expected to grow further. IORA member countries have shown renewed interest in participating in and launching a number of programmes to coordinate between regional economies in a diverse range of areas and activities. We see IORA as an apex body in the Indian Ocean Region that vii Maritime Safety and Security in the Indian Ocean can respond effectively to the needs of and to enhance individual and collective capacities of Member-States to tackle contemporary challenges of sustainable and balanced economic growth, development and common maritime domain issues. We in India would like to work with our partners in IORA for a more cooperative and integrated future, and for closer collaboration for the region through the promotion of trade, investment, tourism, infrastructure development, marine science and technology, sustainable fisheries and protection of the marine environment. The Indian Ocean region from Africa’s East coast to West Asia, South Asia and South East Asia and reaching Australia has been in the spotlight of India’s foreign policy. Our Prime Minister, Shri Narendra Modi, has succinctly described India’s approach in the region as ‘SAGAR’ – Security and Growth for All in the Region. India seeks to enhance mutual cooperation in our region, to offer our capabilities for the mutual benefit of all in our common oceanic home and assist our neighbours and island states in building their maritime security capabilities. We will all prosper when the seas around us are safe, secure and free for all. We therefore seek collective action and cooperation in the region. From this perspective, IORA provides an effective multilateral platform that facilitates realization of hitherto untapped opportunities for prosperity, peace and development of the region. India has been working closely with IORA partners to consolidate cooperation under and through this pan-Indian Ocean forum. At the 11th meeting of the IORA Council of Ministers that took place during India’s Chairmanship in Bengaluru in November 2011, the members identified six priority areas for cooperation in coming years: (a) Maritime Safety and Security; (b) Trade and Investment Facilitation; (c) Fisheries Management; (d) Disaster Risk Reduction; (e) Academic and S&T Cooperation ; and (f) Tourism Promotion and Cultural Exchanges. viii Keynote Address I would submit that experts gathered here for this meeting may look at maritime safety and security issues comprehensively in the IORA context keeping in mind that IORA’s primary focus is sustained growth and balanced economic cooperation in the region. This meeting is being hosted in this broader context of IORA cooperation in the six priority areas which include maritime safety and security. The outcomes of discussions here should be focussed, implementable and should factor in both the larger context of IORA and through that perspective focus on maritime safety and security – the theme of this event. The challenges of maritime safety and security can be best addressed through an inclusive approach. During the deliberations of the 15th bi- annual Committee of Senior Officials (CSOs) in Mauritius in May 2015, India had offered to host such a meeting of experts in maritime safety and security. While IORA includes an IOR Academic Group at Track 1.5 to take forward cooperation in the identified six priority areas, in our view a standalone exchange - bringing together scholars and government officials on a single platform - would help deepen discussions focused on the maritime safety and security issues in the Indian Ocean region. This gathering may be seen against such a backdrop. I am sure that this meeting would facilitate exchange of ideas, concerns and experiences of IORA Member States. Through this interaction we hope to build greater understanding of the common challenges of maritime safety and security as well as of related areas where we IORA members have synergy, with the aim of enhancing preparedness to effectively respond to multiple challenges. I wish you all a productive and stimulating discussion. Once again I extend a warm welcome to the participants and thank the National Maritime Foundation for the offer to host this important event. Ms Sujata Mehta Secretary (M&ER) Ministry of External Affairs Government of India October 13, 2015 ix Contents Foreword v Keynote Address vii Introduction xiii Chapters 1. Maritime Safety and Security Challenges: A Singaporean Perspective 1 Koh Swee Lean Collin 2. Maritime Safety and Security Challenges: A Sri Lankan Perspective 11 Bhagya Senaratne 3. Indian Ocean Region: Need to Step-up Cooperation 23 G. V. C. Naidu 4. Indian Ocean Region: Toward a Zone of Peace and Cooperation Initiative 34 Francis A. Kornegay, Jr. 5. Role of Extra Regional Stakeholders in the Indian Ocean: An Inclusive Approach 46 Thomas Daniel 6. Addressing Transnational Organised Crime: A Whole of Nation Approach 55 Martin A. Sebastian xi Maritime Safety and Security in the Indian Ocean 7. Combating Maritime Crime and Legal Capacity Building 66 Stuart Kaye 8. Legal Frameworks for Combating IUU Fishing in Thailand 77 Somjade Kongrawd 9. Capability Building in the Indian Ocean Region 91 Anil Jai Singh 10.